20061949 Ver 1_Notice of Violation_20060320

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~ Michael F. Easley, Governor
William G. Ross Jr., Secretary
Nc~th~ar~lii#a,Department of Environment and Natural Resources
March 20,.2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
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Mr. Joe Procopio
Imperial Homes
3200 Wellington Court
Suite 115
Raleigh, NC 27615
Subject: NOTICE OF Vl
Brookefield Subc
Neuse River Rip;
Removal of Best
Franklin County
Dear Mr. Procopio
Alan W. Klimek, P.E. Director
F Division of Water Quality
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T~ATION
Vision,: Lot 45 - Youngsville, NC
ran Buffer Violation
On March 13, 2005, Mike Horan and Vicki Fuentes from the Division of Water Quality (DWQ) and Gabi
Jones from the Division of Land Resources (DLR), Raleigh Regional Office, visited the subject lot regarding
construction activities. Construction activities on the subject lot, located at Bethany Lane in Youngsville, NC,
occurred prior to the DWQ/DLR site visit, and include the clearing and grading of the lot as well as the unfinished
construction of a single family dwelling. Mr. Horan and Ms. Fuentes documented site conditions and noted
riparian buffer and stream impacts to an unnamed tributary to Little, River immediately adjacent to lot 45.
Based on a review of DWQ files, we have not identified any Pre-Construction Notification or any buffer
authorization or permit from the Division of Water Quality for these impacts. As a result of the site inspections
.and file review, the following violations were noted:
1) Neuse River Riparian Buffer Violations .:
2) Removal of Best Usage.
Item I. Neuse River Riparian Buffer Violation :
The Neuse River Basin is subject to riparian (streamside) buffer rules designed to protect and preserve
riparian buffers in the Neuse River Basin. Buffer rules help to maintain the nutrient removal functions of the
streamside areas .necessary to protect North Carolina's surface waters. Specifically, this Rule applies to the 50-
foot wide riparian buffer directly adjacent to surface waters (intermittent streams, perennial streams, lakes, ponds,
.and estuaries).
The protected riparian buffer has two zones: (a) Zone 1 (measu~'ed fram stream bank landward for 30 feet)
shall consist of a vegetated area that is. undisturbed except for uses provided for in Subparagraph (6) of 15A
NCAC 2B.0233, and (b) Zone 2 (the outer 20 feet, landward from a outer 30 foot edge of Zone 1) shall consist
of stable vegetated area that is undisturbed except for activities ancuses provided for in Subparagraphs (4) and
(6) of 15A NCAC 2B.0233.
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North Carolina Division of Water Quality -1617 Mail Service Center ` Raleigh,NC 27699.1617 Phone [phone]
Internet: www.ncwaterquali .ore Location: 512 N. Salisbury St. RaleighNC 27604 Fax [phone]
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Vegetation has been removed from the streamside riparian. zoi
located at the subject property and continues for approximately 93
violation of the requitement that Zone 1 and Zone 2 of the riparian
undisturbed except for activities and uses provided for iri Item (6) ~
Alternative Request was received prior to the riparian zone impact
In addition,. an excavated/eroded area next to the road crossing
sediment and evidence of erosion were observed in both Zone 1 an
that diffuse flow through the buffer-was not being maintained.
Item II. Preclusion of Best-Usage
~?." u~g from the Bethany Lane culvert
t~~~et;;'~uch remoYal constitutes a
uff_ ~~sis~ of a ~tal~le, vegetated area that is
~" le~`? No variance request or Practical
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" ?throixgh the buffer to the stream, and
moire 2' of the buffer in this area, indicating
A DWQ site visit confirmed that approximately SO linear feet c~stream impacts has occurred to an unnamed
tributary to Little River (WS-II, HQW, NSW), in the Neuse River l~~asin: Sediment accumulations ranging from 3
to 12 inches were observed at several locations within the stream cannel: According to 15A NCAC 2B .0211
(2), the preclusion of best usage, which include aquatic life propag~Yion, biological integrity, wildlife, secondary
recreation, and agriculture represent a water quality standard violation.
Requested Response
The DWQ, Raleigh Regional Office, requests that you respond~to this letter in writing within 20 days of
receiving this notice. Please submit the items listed below to both this office at the letterhead address and to the
attention of Mr. Danny Smith at the NC Division of Water Quality,' Non-Point Source Assistance and Compliance
Oversight Unit, 1617 Mail Service Center, Raleigh NC, 27699-1617.
1. Please explain why these impacts occurred without prior authorization and provide any and all relevant,
documented information for the subject property.
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2. You are asked to restore the 50-foot riparian buffer zone. The unfinished single family dwelling must be
removed and the buffer restored or properly authorized by the Division of Water Quality.
3. Prior to any restoration efforts, a plan should be submitted :fo both the Raleigh Regional Office and to Mr.
Danny Smith at the NC Division of Water Quality, Non-Point Source Assistance and Compliance
Oversight Unit (see address above). The submittal should include the following:
a) Plans to avoid any further stream impacts to the site. Please include an inventory of the sediment
accumulations within the stream channel and a detaileci:site plan (scaled at: 1 inch equals 100 feet or
1 inch equals 50 feet). The site plan should show the amount and location of stream and riparian zone
impacts and the total square footage of any and all structures and impervious surfaces. Also, the site
plan should depict the stream channel, any wetlands prrrsent in the area of concern, all fill material,
the wood/tree line, adjacent property lines, nearby roadways, culverts, and any other significant
structures. You are encouraged to secure a consultant ~ assist you with your plan development,
permit, certification and the authorization necessary ac~ieve compliance.
b) A riparian buffer restoration plan. Plans must be devefpped and implemented in order to ensure that
at least two native tree species be planted at a density ~Lifficient to provide 320 trees per acre at
maturity. This density is usually achieved by planting approximately 436 trees/acre on a 10 x 10 ft.
grid or 681 trees/acre on a 8 x 8 ft. grid. Please see the`attached Guidelines for Riparian Buffer
Restoration (January 2001) for assistance in developing your plan: -Your plan.must include the types
of native woody vegetation selected, planting methodology, and a site map indicating the location of
the replanting efforts and the specific location of the riparian area to be restored Your plan should
include a detailed schedule with dates explaining whe~the restoration will be accomplished and
provisions for periodic monitoring of the riparian zoneao ensure: that the vegetation is established and
no gullies or rills have formed. '

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Thank you for your attention to this matter. This Office is con dez'ing senc~ng a recommendation for
enforcement to the Director of the Division of Water Quality regar ". ~~~-:~tese i~,d,any future/continued
violations that maybe encountered. Your response to this correspondence, as requested>aliove, will be considered
in thisprocess. This office requires that the violations; as detailed' . be ainediately. These
violations and any future violations are subject to civil penalty ass of rt)0000 per day for each
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violation. Should you have any questions regarding this Notice of t , ~tfln, p contact Vicki Fuentes at
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[phone].. '~''°'~ ~`. _
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Sincere ~ ~ ~ ° ~ ~
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annon n~l~y ° ,
Acting W~er Quality kegional Supervisor
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DWQ Wetlands and Stormwater Branch `Y' .
Danny Smith - DWQ NPS Assistance and Compli~nee~,Oversigllt Unit
RRO -File Copy
Central Files
Patrick Young, Franklin County Planning and Inspections; 215 East Nash Street; Louisburg, NC
27549 '
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